Viewpoint: Arizona state legislature’s grab of open-space funds violates constitution

[Source: Editorial Board, Tucson Citizen] –Taking millions from a voter-approved land conservation fund does not ‘further the purpose’ of the fund.  The Arizona Legislature won’t let a trifling thing like the state constitution stand in the way of its efforts to patch budget holes. The Arizona House has given preliminary approval to steal-from-Peter-to-pay-Paul legislation that would take money from a constitutionally protected open-space fund to help keep state parks open.  It is a shrewd move that has divided environmentalists who have been critical of the Legislature’s attacks on state parks.  But it clearly runs counter to the constitution — a far bigger obstacle.

To help balance the hemorrhaging budget, the Legislature slashed spending by the state Parks Department. That forced three closures — McFarland and Jerome historic parks and Tonto Natural Bridge — and threatened closure of eight others.  After protests, legislators came up with a “solution” in HB 2088: Take $20 million from a fund for land conservation and give about half to the Arizona State Parks Board.  The other half would be distributed to the Land, Commerce, and Water Resources departments.  That molified parks supporters, but there is a bigger problem: The land conservation fund was established by voters.

The state constitution says legislators can alter voter-approved measures only with a three-quarters vote of both houses and only if the action “furthers the purpose” of the initiative.  The three-quarters threshold is iffy. But there is no way that taking money from the fund “furthers the purpose” of land conservation.  The fund was established in 1998 as part of voter-approved conservation measures and provides grants for land purchases by local governments.  Legislators say they will only “borrow” the money and repay it when they are able.  That’s not good enough.  The fund was set up to buy and preserve land, not as a revolving loan fund for legislators’ use.

Sandy Bahr, director of the Grand Canyon Chapter of the Sierra Club, called the move “a very, very cynical move by some in the majority to try to pit conservation interests against each other to weaken, undercut and get around the voter-protection act and not take responsibility for the terrible budget they passed.”  We agree.

In 1998 — the same year voters established the conservation fund — they also approved the Voter Protection Act, which protects citizen initiatives.  Voters acted after the Legislature frequently undercut, repealed and diverted dollars from voter-approved measures.  This move shows why such a measure was so needed.  We urge legislators to reject HB 2088.  It is wrong, unfair, and unconstitutional.  [Note: To read the viewer comments, click here.]

Preserved for a price, parks nationwide on endangered list

[Source: Travis Reed, Associated Press] — The economic downturn has forced states around the country to shutter historic sites and reduce visiting hours for parks.  But in Florida, Illinois, California, and a few other places, closures have been forestalled after outcries from the public and budget-juggling by officials. Still, funding shortfalls threaten public access at 69 recreation and historic sites nationwide, including the oldest building in Idaho, a sacred Native American ancestral village in Arizona, and a Washington kayak launch point into the Puget Sound….

Money from the stimulus bill could help.  That’s what made the difference in Florida, where Gov. Charlie Crist determined planned closures of 19 sites would not be necessary if the state gets the proposed $12 billion in federal stimulus money…

States that aren’t closing parks and historic sites are raising fees, cutting services, or both.  When every expense is questioned, parks and recreation — like family vacations — can be an easy target.  Unfortunately, the cuts come as more families are turning to state parks to save on their own expenses.  “A lot of our constituents now can’t afford to go too far from home, and they do need somewhere they can get away and just relax and take advantage of the great outdoors,” said Shirley K. Turner, a state senator from New Jersey…

Three parks in Arizona have already been closed temporarily and eight more face potential temporary closure.  Grants there that funded law enforcement patrols on the Colorado river are being suspended and canceled, and even a $3,500 re-enactment of a Civil War battle at Picacho Peak State Park has been called off.   [Note: To read the full article, click here.]